Memorandum of Understanding 

This memorandum documents the understanding between the Spirit Lake Nation Tribal Court 

("SLNTC"), North Dakota Indian Affairs Commission ("COMMISSION"), North Dakota 

Department ofCorrections, Division of,Juvenile Services ("DJS"), and The North Dakota Court 

System by and through its Chief Justice ("COURT'). SLNTC, COMMISSION, DJS, and COURT 

may each be referred to herein as a "Party" or collectively as the "Parties." 

I. Effective Date, Term, and Termination 

This MOU is effective when executed by all Parties through their authorized agents upon the 

date ofthe last signature. This MOU shall continue for five years from the effective date. Any 

party, with or without cause, may terminate this MOU upon written notice of termination, 

stating the effective date ofsuch termination. 

U. Purpose 

The purpose of this Memorandum of Understanding (MOU) is to establish effective cooperation 

among the Parties in an effort to provide access to similar services for all youth acljudicated in 

North Dakota. The MOU is to facilitate the sharing ofinformation, data collection, and 

resources, as available, between SLNTC, DJS, COMMISSION, and COURT so that all entities 

may better address the needs ofyouth adjudicated in Tribal Court. 

HI. Responsibilities: 

a. COURT 

i. Participate in multi-disciplinary team meetings (MOT's) 

ii. Within the constraints allowed by budget and personnel, provide 

resources, assessments, and screenings 

iii. Data collection 

b. DJS 

i. Participate in multi-disciplinary team meetings (MOT's) 

ii. Provide resources, assessments, and screenings 

iii. Data collection 

c. SL.t'\!TC 

i. Coordinate and facilitate multi-disciplinary team meetings (MOT's) 

ii. Present ease information to the parties to guide case planning and 

services for children and families 

iii. Retain exclusive court jurisdiction 

d. COMMISSION 

i. Technical Assistance 

ii. Coordinate meetings with tribal entities as necessary 

IV. Applicable law and Venue 

Parties agree that this MOU will be governed by and construed in accordance with applicahle 

federal law, the laws of the state of North Dakota, and the laws of the Spirit Lake Nation. 

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V. Confidentiality 

Parties acknowledge that, during and after the term of this MOU, they share an obligation and 

responsibility to protect information obtained and used in the performance of this MOU. Parties 

shall not use or disclose any information they receive under this MOU except as necessary to 

carry out the purposes of this contract or as authorized in advance by other Parties or as 

required by law. 

VI. Notice 

All notices, certificates, or other communications are given when delivered or mailed, postage 

prepaid, to the Parties at their respective places of business as set forth below or at a place 

designated in writing by the Parties. 

COURT Spirit Lake Nation Spirit Lake Nation D,JS ND Indian Affairs 

Tribal Court Tribal Council Commission 

Cathv Ferderer Joseph Vetsch Peimv Cavanau~h Lisa Biervaard Scott Davis 

Juvenile Court ChiefJudge Chairperson Director-Division Executive Director 

Coordinator- of,Juvenile 

Suoreme Court Services 

600 E. Blvd. Ave. 708 3"' Ave. POBox359 701 16th St. SW 600 E. Blvd. Ave. 

Dept. 180 POBox30 1st Floor, Judicial 

Winv. Room #117 

Bismarck, ND Fort Totten, ND Fort Totten, ND Mandan,ND Bismarck, ND 

,;8,;os .. -~"'-" s8·,-,, s8,ps s8cc, s8sos 

Notice provided under iliis provision does not meet the notice requirements for monetary claims 

against the state or a state employee found at N.D.C.C. § 32-1:!.2-04. 

VII. Assignment 

Parties may not assign or transfer their interests or duties under this MOU without the express 

written consent ofthe other Parties. 

VIII. Entire Agreement 

This contract constitutes the entire agreement between the parties. There are no 

understandings, agreements, or representations, oral or 1,1;Tittcn, not specified within this 

contract. This contract may not be modified, supplemented or amended, in any manner, except 

by written agreement signed by hoth parties. 

IX. Severability 

lf any term of this MOU is declared by a court baving jurisdiction to be illegal or unenforceable, 

the validity of the remaining terms will not be affected and, if possible, the rights and obligations 

of the Parties are to be construed and enforced as if !he MOU does not contain the illegal or 

unenforceable term. 
X. Notice of Potential Claims 

Parties shall promptly notify other Parties of potential claims that arise or result from this MOU 

and take all reasonable steps to preserve all physical evidence and information that may be 

relevant to the circumstances surrounding a potential claim, 

XI. Force Majeure 

No Party may be held responsible for delay or default caused by fire, flood, riot, acts of God or 

war if the event is beyond the Party's reasonable control. 

XII. Effectiveness 

This MOU is not effective until fully executed by all Parties. The most recent date of the 

signatures ofthe Parties shall be deemed the Effective Date. Only the authorized listed below 

may make changes to this MOU and future addendums provided that all parties mutually agree 

upon such changes in writing. 

Joseph Vetsch Date 

ChiefJudge, Spirit Lake Nation Tribal Court 

, ,),J'

Scott Davis / · ·· 

Executive Director, Indian Affairs Commission 

~~ 

Gerald W. VandeWalle Date 

ChiefJustice, ND Supreme Court 

Director, Division ofJuvenile-Services 

Pegg Oav~naugh . / 

Chairperson, Spirit Lake Tribal <!:ouncil 

Date 

. . ' , 

•statutory Reference N.D.C.C. § 27-20..61 

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